SENATE BILL 279

49th legislature - STATE OF NEW MEXICO - first session, 2009

INTRODUCED BY

Peter Wirth

AN ACT

RELATING TO DOMESTIC VIOLENCE SHELTERS; CLARIFYING THAT REQUIRING A LAW ENFORCEMENT OFFICER TO SHOW A VALID SEARCH WARRANT BEFORE ALLOWING ENTRANCE INTO A DOMESTIC VIOLENCE SHELTER DOES NOT CONSTITUTE THE CRIME OF RESISTING OR OBSTRUCTING AN OFFICER OR HARBORING A FELON.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

     Section 1. ENTRY INTO DOMESTIC VIOLENCE SAFE HOUSE OR SHELTER--SEARCH WARRANT.--

          A. It is not a violation of Section 30-22-1 or Section 30-22-4 NMSA 1978 for a person who is a member, resident, employee or volunteer of or is otherwise associated with a domestic violence safe house or shelter to require a law enforcement officer to show a valid search warrant before allowing the officer to enter the domestic violence safe house or shelter.

          B. Prior to attempting to serve an arrest warrant within a domestic violence safe house or shelter, a law enforcement officer shall obtain a valid search warrant, unless exigent circumstances exist necessitating immediate entry.

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